N.A. Ali vs State of Kerala and Station House Officer

Thomas P. Joseph, J.—Petitioner is first accused, in Crime No. 2017 of 2013 of the North Paravoor Police Station for the offences punishable under Sections 143, 147, 448, 353 r/w Section 149 of the Indian Penal Code, apprehends arrest and has filed this application. Learned Public Prosecutor has submitted that on 05-11-2013 the health authorities of the North Paravoor Municipality had seized decayed fruits and vegetables from the street vendors and the same were kept in the vehicles in the compound of the Municipality. At the relevant time, the petitioner and others trespassed into the compound of the Municipality and forcibly took away the fruits, vegetables and vehicles.

Learned counsel for the petitioner submits that the seizure of the fruit and vehicle were illegal. It is also submitted that the vehicles were produced by the some of the accused who were arrested by the Police. Having heard the learned counsel and the learned Public Prosecutor, I am inclined to think that custodial interrogation of the petitioner is not required. At the same time, assuming that the fruits and the vehicles were seized illegally, it is not as if it could be got released illegally and using muscle power. Nobody, whatever his eminence be, has the right to take the law in to his hands. He is, and should be bound to respect the rule of law. Assuming that the action of the authorities was illegal, the aggrieved should have sought remedy as provided under the law. Since I found that custodial interrogation of the petitioner is not required, I am inclined to grant relief to the petitioner. At the same time such high handed act (as alleged) has to be prevented.

Resultantly, the application is allowed as under:

a) Petitioner shall surrender before the officer investigating Crime No. 2017 of 2013 of the North Paravoor Police Station on 12-12-2013 at 10 a.m. for interrogation.

b) If interrogation of the petitioner could not completed that day, he shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioner shall comply.

c) In case arrest of the petitioner is recorded, he shall be released by the Arresting Officer (if not required to be detained otherwise) on his executing bond for Rs. 20,000/-(Rupees twenty thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions:

i) Petitioner shall report to the officer investigating the case as and when required for interrogation.

ii) Petitioner shall not, during the period of this bail get involved in any similar offence.

iii) In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the learned magistrate as held in P.K. Shaji @ Thammanam Shaji Vs. State of Kerala,